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1995 Supreme(SC) 952

SUPREME COURT OF INDIA
BEFORE DR A.S. ANANDANDG.T. NANAVATI, JJ.
DEEPTI ALIAS ARATI RAI
Versus
AKHIL RAI AND OTHERS .
Criminal Appeal No. 1043 of 1995{From the Judgment and Order dated 22-7-1994 of the Madhya Pradesh High Court in Crl. M.C. No. 4495 of 1993}
Decided on 14-9-1995
Advocates appeared:
A.K. Sanghi, Advocate, for the Appellant.
Pramod Swarup, Advocate, for the Respondents.

Advocates:
A.K.Sanghi, PRAMOD SVARUP

Headnote:(i) Indian Penal Code, 1860 - Section 498 A - Charge framed by Magistrate against husband, father-in-law & mother-in-law of complainant. Proceedings quashed by High Court against father-in-law & mother-in-law - Complaint found containing specife allegation of cruelty & harassment on dowry demand - Sufficient material for Magistrate to frame charge even against father-in-law & mother-in-law Order or High Court is not legal & just & is liable to be set aside. (Para 2)

       (ii) Criminal Procedure Code, 1973 - Sections 397 & 482 - Revision against framing of charge dismissed by Sessions Court - Second revision before High Court is not maintainable - Inherent power can not be utilised for exercising power which is expressly barred by court. (Para 2)

JUDGMENT

NANAVATI, J.- Leave granted.

2. The appellant made a complaint to the Officer-in-charge of Women Police Station, Bilaspur alleging demand of dowry, harassment and cruelty by Respondents 1, 2 and 3 being the husband, father-in-law and mother-in-law respectively. The police after making investigation, filed a charge-sheet against the said respondents in the Court of the Judicial Magistrate, 1st Class, Bilaspur, indicating commission of an offence under Section 498-A IPC. The learned Magistrate after supplying copies of the charge-sheet and other documents and hearing the learned Advocate for the accused framed a charge under Section 498-A. The order framing the charge was challenged by the accused by filing Criminal Revision No. 260 of 1993 in the Court of Additional Sessions Judge, Bilaspur. The learned Additional Judge was of the view that there was sufficient material to frame a charge against all the accused and therefore, dismissed the revision application. Thereafter the accused approached the High Court under Section 482 Cr PC with a prayer to quash the said charge and the proceedings instituted upon the basis of the aforesaid charge-sheet. The High Court referred to its earlier order dated 29-10-1993 whereby Respondent 1s application for quashing the charge was rejected. It then proceeded to consider the application of Respondents 2 and 3 for quashing the charge. In its order the High Court has observed that:

"On perusal of the record, it transpires that no specific overt act is attributed to Applicants 2 and 3, who are in-laws of the informant. The allegation that she was subjected to physical and mental torture are attributed to her husband who is not an applicant in this case."

3. It then referred to the concession made by the Deputy Government Advocate that "there is no material for framing of charge against the present applicants under Section 498-A IPC". On these grounds it allowed the application and quashed the charge framed under Section 498-A against Applicants 2 and 3. Feeling aggrieved by the judgment and order passed by the High Court, the wife has approached this Court.

4. It was contended by the learned counsel for the appellant-wife that the finding recorded by the High Court that there is no allegation of beating, harassment and demand against Respondents 2 and 3 is because of misreading the complaint and the other material on record. In view of this contention, we have gone through the complaint filed by the appellant and also the statements of Suresh Chandra Verma, father of the appellant, Devesh, elder brother of the appellant and Ramesh, cousin of the appellant. In her complaint the appellant has clearly stated that three or four months after the marriage her husband, her father-in-law and mother-in-law started harassing her as VCR was not given to her in dowry. She has further stated that her father-in-law and mother-in-law used to demand Rs 6500 in cash. She has also stated that she was beaten by her husband on 27-7-1990, 4-10-1990, 12-1-1991, 28-1-1991, 31-1-1991, 12-2-1991 and 8-3-1992 and that her mother-in-law and father-in-law used to join her husband in beating her and abusing her relatives. She has also stated that her mother-in-law, father-in-law and husband had not given food to her on 24/25-4-1992. Devesh, in his statement, has stated that Respondent 1 used to beat his sister after taking liquor and her mother-in-law and father-in-law used to harass her. Ramesh has also stated in his statement that he was informed by the appellant that she was harassed by her husband and parents-in-law. He has further stated that she was asked to bring money for VCR by her husband and by the parents-in-law. From what we have pointed out, it becomes apparent that there was sufficient material for the learned Magistrate for framing a charge under Section 498-A even against Respondents 2 and 3. It further appears to us that the learned Government Advocate who appeared on behalf of the State before the H

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